GENERAL SECURITY OBLIGATION
LexInter | August 28, 2002 | 0 Comments

GENERAL SECURITY OBLIGATION

Article L221-1
The products and services must, under normal conditions of use or under other conditions reasonably foreseeable by the professional, present the safety which one can legitimately expect and not endanger the health of persons. The application of the law of 19 May 1988 relating to product liability in relations between professionals, Drummer, Annick, Les Petites Affiches, n ° 200, 08/10/2001, pp. 5-17The performance security obligations of private healthcare establishments, n. under Court of Cassation, first civil chamber, November 7, 2000, appeal number 99-12.255, Rial-Sebbag, E.; Thomas, A .; Duguet, A.-M., Journal of legal medicine, Medical law, Victimology, Bodily injury, n ° 5/6, 01/09/2001, pp. 450-456

Professional liability due to things: product safety, Huet, Jérôme, Les Petites Affiches, n ° 137, 11/07/2001, pp. 84-88

Directive 2001/95 / EC of the European Parliament and of the Council of 3 December 2001 on general product safety, Pire, Véronique, European review of consumer law, n ° 3, 01/07/2001, pp. 245-267

Cosmetic products: A new legal regime in a spirit of health security, Lorenzi, Jean, JCP E Semaine Juridique (company edition), n ° 9, 03/01/2001, pp. 358-363

The manufacturer faced with information and safety obligations and the precautionary principle, Malaurie-Vignal, Marie, Contrats Concurrence Consommation, n ° 11, 01/11/1999, p.3

Note under the Lyon Court of Appeal (CA), first Chamber, June 14, 2001, Continental Conair Limited v SA AGF and others; Grynbaum, Luc, Civil liability and insurance, n ° 11, 01/11/2001, p.16

Note under Council of State, 1 st and 2 nd sub-sections, July 28, 2000, Request number 212115, + (212135), Association Force Ouvrière Consommateurs, Revue de Jurisprudence de Droit des Affaires (RJDA), n ° 3, 01 / 03/2001, pp. 331-333

v. article 1135 C.civ.

 

Article L221-1-1

 

(inserted by Ordinance No. 2004-670 of July 9, 2004 art. 5 I Official Journal of July 10, 2004)
The provisions of this chapter do not apply to antiques and second-hand products requiring repair or refurbishment prior to their use when the supplier informs the person to whom he supplies the product of the need for such repair or repair. this refurbishment

Article L221-1-2

 

(inserted by Ordinance No. 2004-670 of July 9, 2004 art. 5 I Official Journal of July 10, 2004)
I. – The person responsible for placing the product on the market provides the consumer with useful information which enables him to assess the risks inherent in a product during its normal or reasonably foreseeable period of use and to protect himself against them, when these risks do not occur. are not immediately noticeable to the consumer without adequate warning.
II. – The person responsible for placing on the market adopts the measures which, taking into account the characteristics of the products he supplies, enable him:
a) To keep himself informed of the risks that the products he markets may present;
b) To take the necessary actions to control these risks, including withdrawal from the market, adequate and effective warning to consumers as well as the recall to consumers of products placed on the market.
These measures may in particular consist of carrying out random tests or indicating on the product or its packaging instructions for use, the identity and address of the person responsible for placing the product on the market, the reference of the product or batch of products to which it belongs. These indications may be made compulsory by order of the minister responsible for consumption and the minister or ministers concerned.
Article L221-1-3

(inserted by Ordinance No. 2004-670 of July 9, 2004 art. 5 I Official Journal of July 10, 2004)
When a trader knows that products intended for consumers that he has placed on the market do not meet the requirements of Article L. 221-1, he immediately informs the competent administrative authorities, indicating the actions he has taken. engages in order to prevent risks to consumers.
The terms of this information are defined by order of the Minister responsible for consumption and the ministers concerned. The professional cannot exempt himself from his obligation by claiming that he was not aware of the risks that he could not reasonably ignore.

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